Application for approval of the Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2025-2028

[1] Brisbane Fire Protection Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2025 - 2028 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

[3] The Agreement contains a definition of a shiftworker at clause 10.1, but it does not appear to define "shiftworker" for the purposes of the additional week of annual leave under s.87(1)(b) of the Act. As Clause 21.1(b) of the Award defines "shiftworker" for the purposes of the additional week of annual leave, the Agreement appears to be inconsistent with s.196 of the Act. The Employer has provided an undertaking to deal with this matter.

[4] Clause 4.1 of the Agreement indicates the Agreement comes into operation seven days after the registration date with the Fair Work Commission. I have taken this to be a reference to the approval date.

[5] Noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] I sought submissions from the Employer in relation to the pay rates for Trade Assistants and adult apprentices. I also sought submission about overtime for junior apprentices, and the minimum engagement for casual workers. The Employer dealt with these issues in the undertakings I have referred to below.

[7] The Employer has given a written undertaking in accordance with section 190 of the Fair Work Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[8] With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[9] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.

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